Expenditure by the City. If the City claims on the Guarantee to Complete the Developer’s Works, then the City: (a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or (b) may expend more than the Guarantee Amount. If the City expends more money than the Guarantee Amount then the amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the Developer.
Appears in 21 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Expenditure by the City. If the City claims on the Guarantee to Complete the Developer’s Works, then the City:
(a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or
(b) may expend more than the Guarantee Amount. If the City expends more money than the Guarantee Amount then the amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the Developer.
Appears in 12 contracts
Samples: Planning Agreement, Planning Agreement, Voluntary Planning Agreement
Expenditure by the City. If the City claims on the Guarantee to Complete the Developer’s Works, then the City:
(a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or
(b) may expend more than the Guarantee Amount. If the City expends more money than the Guarantee Amount then the amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the DeveloperDeveloper and the Landowner.
Appears in 4 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Expenditure by the City. If the City claims on the Guarantee to Complete the Developer’s WorksWorks situated on the City’s Land or Transfer Land, then the City:
(a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or
(b) may expend more than the Guarantee Amount. If the City expends more money than the Guarantee Amount to complete the Developer’s Works then the reasonable amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the Developer.
Appears in 3 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Expenditure by the City. If the City claims on the Guarantee to Complete the Developer’s Works, then the City:
(a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or
(b) may expend more than the Guarantee Amount. If the City expends more money than the Guarantee Amount and those costs were properly incurred, then the amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the Developer.
Appears in 1 contract
Samples: Planning Agreement
Expenditure by the City. If the City claims on the Guarantee to Complete the Developer’s Works, then the City:
(a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or
(b) may expend more than the Guarantee AmountAmount only if it is reasonably necessary to do so to ensure the Developer’s Works reach Completion. If the City expends more money than the Guarantee Amount then the amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the Developer.
Appears in 1 contract
Samples: Planning Agreement
Expenditure by the City. If the City claims on the Guarantee to Complete the Developer’s Works, then the City:
(a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or
(b) may expend more than the Guarantee Amount. If the City expends more money than the Guarantee Amount then the amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the DeveloperDeveloper and the Landowner.
Appears in 1 contract
Samples: Planning Agreement
Expenditure by the City. If the City claims on the Guarantee to Complete the Developer’s Works, then the City:
(a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or
(b) may expend more than the Guarantee Amount. If the City expends more money than the Guarantee Amount then the amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the Developer, provided that the amount greater than the Guarantee Amount was required to complete the Developer’s Works.
Appears in 1 contract
Samples: Planning Agreement
Expenditure by the City. If the City claims on the a Guarantee to Complete the Developer’s Works, then the City:
(a) is not required to expend more money than the Guarantee Amount and may elect not to carry out items of the Developer’s Works to ensure that those works can be carried out for an amount equal to or less than the Guarantee Amount; or
(b) may expend more than the Guarantee Amount. If the City reasonably expends more money than the Guarantee Amount then the amount in excess of the Guarantee Amount will be deemed to be a debt due and owing to the City by the Developer.
Appears in 1 contract
Samples: Planning Agreement